[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28913-28915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11369]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0007]


Nationally Recognized Testing Laboratory Program Regulation; 
Extension of the Office of Management and Budget's (OMB) Approval of 
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comments.

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SUMMARY: OSHA requests comments concerning the proposed extension of 
the information collection requirements specified by the Program 
Regulation for Nationally Recognized Testing

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Laboratories (the Regulation). The Regulation specifies procedures that 
organizations must follow to apply for, and to maintain, OSHA's 
recognition to test and certify equipment, products, or material for 
safe use in the workplace.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before July 27, 2021.

ADDRESSES: 
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2017-0014). 
OSHA will place comments and requests to speak, including personal 
information, in the public docket, which may be available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as Social Security numbers and birthdates. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
Washington, DC; telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce 
paperwork and respondent burden, conducts a preclearance consultation 
program to provide the public with an opportunity to comment on 
continuing information collection requirements in accordance with the 
Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). 
This program ensures that information is in the desired format, 
reporting burden (time and costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information 
collection burden is accurate. The Occupational Safety and Health Act 
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information 
collection from employers as necessary or appropriate for enforcement 
of the OSH Act or for developing information regarding the causes and 
prevention of occupational injuries, illnesses, and accidents (29 
U.S.C. 657). The OSH Act also requires OSHA to obtain such information 
with minimum burden upon employers, especially those operating small 
businesses, and to reduce to the maximum extent feasible unnecessary 
duplication of efforts in obtaining information (29 U.S.C. 657).
    A number of standards issued by OSHA contain requirements that 
specify employers use only equipment, products, or material tested or 
approved by a Nationally Recognized Testing Laboratory (NRTL). These 
requirements ensure that employers use safe and efficacious equipment, 
products, or materials in complying with the standards. Accordingly, 
OSHA promulgated the Program Regulation for Nationally Recognized 
Testing Laboratories, 29 CFR 1910.7 (the Regulation). The Regulation 
specifies procedures that organizations must follow to apply for, and 
to maintain, OSHA's recognition to test and certify equipment, 
products, or material for safe use in the workplace.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    1. Whether the proposed information collection requirements are 
necessary and useful for the proper performance of the agency's 
functions;
    2. The accuracy of OSHA's estimate of the burden (time and costs) 
of the information collection requirements, including the validity of 
the methodology and assumptions used;
    3. The quality, utility, and clarity of the information collected; 
and
    4. Ways to minimize the burden on organizations that must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection of information requirements specified by the 
Regulation. The agency revised the estimate of the number of audits it 
conducts each year upward, from 44 to 47, because the agency has 
recognized three additional NRTLs, bringing the total number of 
recognized laboratories to 23. This revised estimate accounts for the 
increased burden hours to complete paperwork, from 1,523 to 1,571 and 
the increased total costs to respondents resulting from collections of 
information, from $728,352 to $757,440. The agency also revised its 
average hourly rate estimate for an electrical engineer upward, from 
$47.41 to $74.18, based on current BLS data. This revised estimate and 
the agency's revised estimate for the number of audits it conducts each 
year accounts for the increased cost estimates to complete paperwork, 
from $72,205.43 to $116,589.45. The agency will summarize the comments 
submitted in response to this Notice, and will include this summary in 
the request to OMB to revise the approval of these information 
collection requirements.
    Type of Review: Extension of a currently approved information 
collection.
    Title: Definition and Requirements of a Nationally Recognized 
Testing Laboratory (29 CFR 1910.7).
    OMB Control Number: 1218-0147.
    Affected Public: Business or other for-profit.
    Number of Respondents: 23.
    Frequency of Recordkeeping: On occasion.
    Total Responses: 145.94.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 1,571.71.
    Estimated Cost (Operation and Maintenance): $757,440.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0007). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail

[[Page 28915]]

additional materials in reference to an electronic or facsimile 
submission, you must submit them to the OSHA Docket Office (see the 
section of this notice titled ADDRESSES). The additional materials must 
clearly identify electronic comments by your name, date, and the docket 
number so that the agency can attach them to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available through the website, and 
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for 
Occupational Safety and Health authorized the preparation of this 
notice. The agency is issuing this notice pursuant to Section 8(g)(2) 
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), OSHA's Program Regulation for Nationally Recognized Testing 
Laboratories, 29 CFR 1910.7, and the Paperwork Reduction Act of 1995 
(44 U.S.C 3506 et seq.).

    Signed at Washington, DC, on May 21, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-11369 Filed 5-27-21; 8:45 am]
BILLING CODE 4510-26-P


